Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Co-operative Societies Act 1935-Section 14(10} |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Co-operative Societies Act, 1935-Section 14(10)--Bihar Cooperative Societies Rules, 1959-Expression 'the co-operative year in which elections are held'-Means not only elections by way of ballot, but also nominations under the Act-Term of Managing Committee to commence from beginning of co-operative year in which nominations by State Government are completed and Managing Committee constituted-Expression 'election' as defined under Rules-To be interpreted in the context of Rules.The appellant was a member of the Managing Committee of a Co-operative Bank alongwith respondents. They were elected as such by votes on January 20, 1991 under Rule 21 A of the Bihar Cooperative Societies Rules. The State Government made the nominations to the Managing Committee of the Bank of March 2, 1993. The Managing Committee was not permitted to function till March 2, 1993 on the ground that it got constituted under Rule 22 only after the nomination were made by the State Government.By an order dated March 5, 1993, the State Government informed the Committee that its term was to expire on March 31, 1993. It was stated that the elections having been held on January 20, 1991, the term of office of the Managing Committee under the first proviso to Section 14 (10) of the Bihar Cooperative Societies Act, would be deemed to have commenced from April 1, 1990 (beginning of the co-operative year) and would come to an end on March 31, 1993 (end of the third co-operative year).The appellant and respondents challenged the order of the State Government. The High Court dismissed the writ petition holding that due to inaction and laches of the executive, the mandate of legislature, fixing a tenure of three co-operative years, commencing from the beginning of the co-operative year, in which election was held, could not be extended. This appeal was filed against the impugned order of the High Court.The appellant contended that the Managing Committee constituted under the Act and the Rules had three year term in office and the same could not be reduced by giving an isolated meaning to the first proviso to Section 14(10), thereby rendering the provisions of Rule 22(2) of the Rules as otiose. It was alleged that the provisions of the Act which permitted the State Government to reduce the office term of the Managing Committee were arbitrary and not-legally sustainable.The question raised for consideration was whether the three-year term of the Managing Committee was to be counted from the beginning of the 'co-operative year' in which the elections by ballot were held or from the 'co-operative year' when the nominations were made by the State Government? |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1995 INSC 33 |
Petitioner | Dinesh Prasad Yada V |
Respondent | State Of Bihar And Ors. |
SCR | [1995] 1 S.C.R. 220 |
Judgement Date | 1995-01-13 |
Case Number | 7423 |
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